Yes 3.5e SRD OGL works the same way as 5e SRD OGL. They can do anything homebrew they want so long as it isn't any copyrighted material. But yeah, I think Ceres Games (Realms Beyond) has even less resources available to them than Tactical Adventures (Solasta).
Thanks for clarifying. Well, fingers crossed for all the studios! I hope these upcoming cRPGs are successful.
Originally Posted by vel
The 5e open license lets a creator add homebrew so long as it doesn't use any of Wizard's non open content. BG3 presumably has far more liberty.
I think BG3 has all the liberty in terms of using 5e official material. As long as it's setting-appropriate, I'm guessing. Hopefully we'll see some Xanathar and/or Tasha sometime in the future.